April 6, 1977

Mr. Ronald K. Roehr 
Grant County State's Attorney 
Post Office Box 266 
Milbank, South Dakota 57252

Official Opinion No. 77-27

Whether counties may grant an exclusive franchise to cable television companies

Dear Mr. Roehr:

You have requested an official opinion from this office based upon the following factual situation:

FACTS: 

The Community Cable Company of Milbank, South Dakota, has requested that the Grant County Board of County Commissioners issue them an exclusive, county-wide franchise for cable television service similar to that in which municipalities currently may grant franchises.  Community Cable Company is currently the only CATV system operating within Grant County.  The question was apparently prompted by FCC requirements that Community Cable Company obtain such a franchise as a precondition to receiving a Certificate of Compliance from the FCC.  In the alternative, it must be proven to the satisfaction of the FCC that no authority exists by which Grant County may grant such a franchise.

Based on the above facts you ask:

QUESTION: 

Does Grant County have the authority, under SDCL 9-35, Section 1 of Article III of the South Dakota Constitution, Section 1 of Article X of the South Dakota Constitution, or any other source, to grant such a franchise?

Upon a review of South Dakota law, I find no specific or implied authority for counties to regulate cable television or to grant franchises for cable television.  The South Dakota law does give such authority to municipalities, but with respect to counties, no such authority exists.

Respectfully submitted,

William J. Janklow
Attorney General

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